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HomeMy WebLinkAbout04-2993SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Smumford@margolisedelstein.com WILLIAM MANLEY, Petitioner, V. COMMONWEALTH OF PENNSYL- VANIA DEPARTMENT OF TRANSPORTATION Respondent. Attorney for Petitioner: WILLIAM MANLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. O q` a443 Cl"l' CIVIL ACTION - LAW PETITION FOR REVIEW OF THE DETERMINATION OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION TO INDEFINITELY SUSPEND THE DRIVER'S LICENSE OF PETITIONER 1. Petitioner, William Manley, (hereinafter referred to as "MANLEY") resides at 44 Argali Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania Department of Transportation, (hereinafter referred to as "PENNDOT") is a government unit within the Commonwealth of Pennsylvania and maintains a primary business address of Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104-2516. 3. By letter dated May 27, 2004, MANLEY received notification from PENNDOT of suspension of his driver's license, effective July 1, 2004, pursuant to Section 1519(c) of the Vehicle Code, unless he provided completed medical forms establishing his physical and mental competence to drive. A true and correct copy of the May 27, 2004 notification is attached hereto as Exhibit "A". A copy of the medical forms which PENNDOT has requested that MANLEY have a physician complete are attached hereto as Exhibit "B". 4. Despite reasonable efforts, MANLEY has been unable to locate a qualified physician who is competent to complete the forms required by PENNDOT. 5. As a result, MANLEY hereby requests a reasonable extension of time to submit the requisite forms to PENNDOT, so that he may locate a physician capable of completing the forms. WHEREFORE, Petitioner hereby requests that this Honorable Court stay PENNDOT's indefinite suspension of his driver's license and grant his request for a reasonable extension of time in which to submit the requisite forms to Respondent. Respectfully submitted, MARGOLIS EDELSTEIN Shaun J. Munhfor , Esquire 3510 Trindle Ro Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 - fax I.D. No. Attorneys for Petitioner William Manley Exhibit A SuspmedME COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: May 27, 2004 WILLIAM MANLEY 44 ARGALI LANE MECHANICSBURG PA 17055 Dear Mr. WILLIAM MANLEY: You were notified a month ago that you must comply with the Department's request for a medical examination. As a result of vour failure to comply with our request, your driving privilege is being suspended indefinitely on 07/01/2004, as mandated by Section 1519(c) of the Vehicle Code. This suspension will remain in effect until you comply with this requirement. If you do not comply with our request before 07/01/2004, you will be required to pay a restoration fee of $25.00 if you possess a Non-Commercial Driver's License or $50.00 if you possess a Commercial Driver's License. A self-addressed envelope is enclosed for your convenience. In order to comply with this action, you must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession, on or before the effective date listed above. If you cannot comply with the requirements stated above, a sworn affidavit stating that you are aware of the sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, we will send you a receipt. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00, payable by check or money order only. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. When the department receives your license or affidavit, we will send you a receipt. If you do not receive this receipt within 15 days, contact the department immediately. Otherwise, you may not be given credit toward serving this sanction. Effective Date of Suspension: 07/01/2004, 12:01 a.m. SSOLT Vd 9109SJINHHDgW dNV I I"IVDNV bb ,kglNVW WV117HM Q g g N 7 r i You have the right to appeal to the Court of Common Pleas(Civil Division) within thirty (30) days of the mail date of this notice. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 If you have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-8682 or call (717) 787-9664 or (717) 787-9662, between the hours of 8:00 a.m. and 4:30 p.m. Sincerely, G4" ?, (?;j Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #: 17425090 SSOLI dd 9XfIffSDINIVHD3W HNV I PIb DUV bb Ag INVN VVVITTI 41 N O 00 8a? O h N et Exhibit B DL-104 (03-03) GENERAL PSYCHIATRIC PA DepafrtmenDritveof Transportation Bureau or E P.O. Box 68682 FORM Harrisburg, PA 17106-8682 (Please complete this form In its entirety) (717) 787-9662 PATIENT INFORMATION DRIVER'S LICENSE NUMBER LAST NAME(S) JR. ETC. FIRST NAME 17425090 I MANLEY WILLIAM HEIGHT SEX I EYE COLOR SOCIAL SECURITY NUMBER DATE OF BIRTH PHONE NUMBER FEET I INCHES I I I I I I I MONTH I DAY YEAR ( ) STREETADDRESS CITY STATE ZIP CODE I 44 ARGALI LANE MECHANICSBURG PA 17055 11 • 11 ? d ! • 1 • 1 1. How long have you been treating the patient and for what diseases and conditions? 2. Does the patient have any significant impairment of any of the following areas: a. Attention (contusion, clouding or lapses of consciousness, distractibility, reduced response time, preoccupation, repetitive states of inattention, etc.)? b. Intellectual functioning (memory defects, capacity to organize a sudden complex series of stimuli, mental retardation, etc.)? C. Perception (visual and auditory hallucinations, delusions, etc.)? d. Reaction time? e. Coordination of movement of the extremities? f. Muscular weakness? g. Personality factors (irresponsibility, emotional instability under stress, impulsive aggressive behavior, etc)? 3. With what kind(s) and what quantity of drugs are you treating the patient? Does the medication make him an unsafe driver? 4. From a medical standpoint only, do you consider this person physically and/or mentally competent to operate a motor vehicle under the stresses associated with the challenge of driving? ElYes 0 No Comments: PHYSICIAN INFORMATION (Please print or type) NAME SPECIALTY STATE LICENSE # STREET ADDRESS CITY STATE I ZIP CODE PHYSICIAN'S SIGNATURE DATE TELEPHONE *Note to providers: Please respond fully to all of the above questions. Failure to complete the form may result in licensing restoration delays for your patient. SSOL[ dd DangSDINVHDEW 2NY I I"IVDSV Vb ARIINVW WvIli-am DL-128 (03-03) I PA Department of Transportation SUBSTANCE ABUSE Bureau of Driver Licensing P.O. Box 62 FORM H aar burgAPA 17106-3682 (717) 787-9662 PATIENT INFORMATION DRIVER'S LICENSE NUMBER 17425090 HEIGHT SEX EYE COLOR FEET (INCHES STREET ADDRESS 44 ARGALI LANE LASTNAME(S) MANLEY SOCIAL SECURITY NUMBER C;TY MECHANICSBURG JR. ETC. I FIRST NAME WILLIAM DATE OF BIRTH PHONE NUMBER MONTH I DAY YEAR ( ) STATE ZIP CODE PA 17055 CHECK 6%& YES' No . 5. 6. Does this patient abuse drugs and/or alcohol? ................................. ? ? a. lUno, what tests/evaluations have you used to determine this? b. If yes, please specify substance: How long have you been treating this patient for this condition? What signs or symptoms of this condition does this patient have which would affect the operation of a motor vehicle? Discuss nature, extent, frequency, and control of pertinent symptoms: 7. Does the patient take any medication to control this condition? .......................... ? ? a. If yes, please specify: b. Does this medication affect the patient's ability to drive? ............................ ? ? 8. Has this patient had treatment and/or counseling for this condition? ...................... ? ? If so, where and when? Was it successful? ........ ? ? Provider please nofe: Proof of successfully completed treatment and/or counseling should be attached to this form. 9. From a medical standpoint only, do you consider this personal physically and/or mentally competent to operate a motor vehicle? ...................................... ? ? PHYSICIAN INFORMATION (Please print or type) NAME STREETADDRESS PHYSICIAN'S SIGNATURE SPECIALTY STATE LICENSE F CITY STATE I ZIP CODE DATE TELEPHONE I( ) SSOLI dd DNfWSDIMVHD9W 9NV I I'IF>'Louv tt Ag"Iww NIdPI'um VERIFICATION I, WILLIAM MANLEY, Petitioner in the foregoing Petition for Review of the Determination of the Pennsylvania Department of Transportation to Indefinitely Suspend the Driver's License of Petitioner, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. / - ?:a Date: 4U6 William Manley CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, certified return receipt first-class postage prepaid, on the 25`x' day of June, 2004, and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 MARGOLIS EDELSTEIN By: Vicki A. Bolinger, RP 61 -. ?, ?. ?) ?' ? 1,. ?? ' i v T _ SHAUN 1. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Fax: [7171975-8124 E-Mail: smumford@margolisedelstein.com WILLIAM MANLEY, PETITIONER, VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Attorney for Petitioner: WILLIAM MANLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 04-2993 RESPONDENT. AND NOW, comes Petitioner, William Manley (hereinafter referred to as "Mr. Manley"), by and through his counsel, Margolis Edelstein, to file this Amended Petition for Review and avers the following in support thereof: 1. Petitioner, Mr. Manley, resides at 44 Argali Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation (hereinafter referred to as "PENNDOT"), is a governmental unit within the Commonwealth of Pennsylvania and maintains a primary business address of Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516. 3. By letter dated May 27, 2004, Mr. Manley received notification from PENNDOT of suspension of his driver's license effective July 1, 2004, pursuant to Section 15190 of the Vehicle Code, unless he provided completed medical forms establishing his physical and mental competence to drive. A true and correct copy of the May 27, 2004, notification is attached hereto as Exhibit "A." A copy of the medical forms which PENNDOT has requested that Mr. Manley have a physician complete are attached as Exhibit "B." 4. Despite reasonable efforts, Mr. Manley has been unable to locate a qualified physician who is competent to complete the forms required by PENNDOT and, therefore, on June 25, 2004, Mr. Manley filed his original Petition for Review seeking an Order of Court to stay the indefinite suspension of his driver's license for a reasonable period of time so that he could submit the requisite forms to PENNDOT. 5. Following a telephone conference held between counsel for Mr. Manley, counsel for PENNDOT and the Honorable Kevin A. Hess, judge, held on July 7, 2004, it was learned that Mr. Manley's driver's license had automatically been suspended on July 1, 2004. 6. As a result, Mr. Manley hereby requests a hearing pursuant to 75 Pa.C.S.A. §1550(b) at which Mr. Manley will appear and. request that the Court issue a supersedeas of the suspension of Mr. Manley's driver's license. 2- WHEREFORE, Petitioner, William Manley, ]hereby requests this Honorable Court to schedule a hearing so that Petitioner may appear and request a supersedeas of PENNDOT's suspension of his driver's license. Respectfully submitted, MARGOLIS Dated: ?-l - 0q By: Attorneys for Petitio WILLIAM MANLEY ESQUIRE - 3 - SuspmedME COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: May 27, 2004 WILLIAM MANLEY 44 ARGALI LANE MECHANICSBURG PA 17055 Dear Mr. WILLIAM MANLEY: You were notified a month ago that you must comply with the Department's request for a medical examination. As a result of your failure to comply with our request, your driving privilege is being suspended indefinitely on 07/01/2004, as mandated by Section 1519(c) of the Vehicle Code. This suspension will remain in effect until you comply with this requirement. If you do not comply with our request before 07/01/2004, you will be required to pay a restoration fee of $25.00 if you possess a Non-Commercial Driver's License or $50.00 if you possess a Commercial Driver's License. A self-addressed envelope is enclosed for your convenience. In order to comply with this action, you must return all current Pennsylvania driver's licenses, leamer's permits, temporary driver's licenses (camera cards) in your possession, on or before the effective date listed above. If you cannot comply with the requirements stated above, a sworn affidavit stating that you are aware of the sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, we will send you a receipt. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00, payable by check or money order only. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. When the department receives your license or affidavit, we will send you a receipt. If you do not receive this receipt within 15 days, contact the department immediately. Otherwise, you may not be given credit toward serving this sanction. Effective Date of Suspension: 07/01/2004, 12:01 a.m. SSOLI dd OUngSDIN`dHDa-W 3Nd-I IITVDNV tit AaINVW YVITUM x n }4m{ a N 7 n x You have the right to appeal to the Court of Common Pleas(Civil Division) within thirty (30) days of the mail date of this notice. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 If you have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-8682 or call (717) 787-9664 or (717) 787-9662, between the hours of 8:00 a.m. and 4:30 o.m. Sincerely, c? %? , ?-?, Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #: 17425090 99OLT dd DNflgSDINb'HD9JN aNH'I P Ivor v " ,Ia'INVW W6ITUA& N O ? mM h v r UL-1 U4 (03-03) R11-9 DRIVER'S LICENSE NUMBER 17425090 HEIGHT I SEX EYE COLOR STREETADDRESS 44 ARGALI LANE GENERAL PSYCHIATRIC PA Department of Transportation Bureau of Drive, Licensing FORM P.O. Box 68682 (Please complete this form in its entirety) ( (71717) 787-7) 787-966 1 i 106-8682 62 LAST NAME(S) MANLEY IR. ErC. FIRST NAME WILLIAM. SOCIAL 5ECURITY NUMBER DATE OF BIRTH PHONE NUMBER MONTH - . DAY YEAR CITY MECHANICSBURG STATE ZIP COD'c PA 17055 How long have you been treating the patient and for what diseases and conditions? 2. Does the patient have any significant impairment of arty of the following areas: a• Attention (contusion, clouding or lapses of consciousness, distractibility, reduced response time, preoccupation, repetitive states of inattention, etc.)? b. Intellectual functioning (memory defects, capacity to organize a sudden complex series of stimuli, mental retardation, etc.)? C. Perception (visual and auditory hallucinations, delusions, etc.)? d. Reaction Gme? e. Coordination of movement of the extremities? I, Muscular weakness? 9• Personality factors (irresponsibility, emotional instability under stress, behavior, etc)? impulsive aggressive 3. With what kind(s) and what quantity of drugs are you treating the patient? Does the medication make him an unsafe driver? 4. From a medical standpoint only, do you consider this person physically and/or mentally competent to . operate a motor vehicle under the stresses associated with the challenge of driving? ? Yes ? No Comments: PHYSICIAN INFORMATION (Please print or type) NAME SPECIALTY STREETADDRESS PHYSICIAN'S SIGNATURE STATE LICENSE M STATE ZIP CODE DATE I TELEPHONE *Note to providers: Please respond fully to all of the above questions. Failure to complete the form may result in licensing restoration delays for your patient. S90LI dd OUfl9SDRIIVHZ)2W area IITVDUV " ,kaaNvw WVITIlm UL-128 (03-03) SUBSTANCE ABUSE PADepartment of Transportation Bureau of Driver Licensing P.O. Box PA 17106-3682 FORM Harrisburg, (717) 787-9662 PATIENT INFORMATION DRIVER'S LICENSE NUMBER LAST NAME(S) in. ETC FIRST NAME --? 17425090 MANLEY . I WILLIAM HEIGHT SEX EYE COLOR SOCIAL SECURITY NUMBER DATE OF BIRTH PHONE NUMBER FEET INCHES MONTH DAY YEAR ( ) STREET ADDRESS CITY 44 ARGALI LANE STATE ZIP CODE MECHANICSBURG PA 17055 I CHECK (v') ONEc'YES. ...NO 5. Does this patient abuse drugs and/or alcohol? ................................. ? ? a. if DO, what testS/evaluntions have you used to determine this? b. If yes, please specify substance: How long have you been treating this patient for this condition? 6. What signs or symptoms of this condition does this patient have which would affect the operation of a motor vehicle? Discuss nature, extent, frequency, and control of pertinent symptoms: 7. Does the patient take any medication to control this condition? .......................... ? ? a. If yes, please specify: b. Does this medication affect the patient's ability to drive? ? ? 8. Has this patient had treatment and/or counseling for this condition? ...................... ? ? If so, where and when? _ Was it successful? ........ ? ? Provider please note: Proof of successfully completed treatment arid/or counseling should be attached to this form. 9. From a medical standpoint only, do you consider this personal physically and/or mentally competent to operate a motor vehicle? ...................................... ? ? PHYSICIAN INFORMATION (Please print or type) NAME SPECIALTY STATE LICENSE # STREET ADDRESS CITY STATE ZIP CODE PHYSICIAN'S SIGNATURE DATE TELEPHONE 99OLI `dd rO2IflaSOINVHD'9W HNb I I'IVDNV tit Aa'IKVW viHI'I um ?.> N O ' o -?y r C ? rm co j SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 1717] 975-8114 Fax: 1717] 975-8124 E-Mail: smumford@margolisedelstein.com Attorney for Petitioner: WILLIAM MANLEY WILLIAM MANLEY, PETITIONER, VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT. IN THE COURT OF COMMON PLhAt ) OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 04-2993 I HEREBY CERTIFY that I served a true and correct copy of a stamped-in copy of the Amended Petition for Review of the Determination of the Pennsylvania Department of Transportation to Indefinitely Suspend the Driver's License of Petitioner, William Manley, on all Respondents by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class Certified Mail - Return Receipt Requested postage prepaid, on the 9th day of July, 2004, and addressed as follows: CERTIFIED MAIL RETURN 15 0949 e FPT REQUESTED Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-25113 (Respondent) MARGOLIS ED?LSTEIN By: Proof of Service on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class Certified Mail - Return Receipt Requested postage prepaid, on the 9th day of July, 2004, and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (Respondent) MARGOLIS EDELSTEIN By:v - '. z " ?`tary I HEREBY CERTIFY that I served a true and correct copy of the foregoing c? ? c ... ? -, (1 (?l-?' ?_ ?" _[ -? y . :elf -r, m it, `. - - 7SJ . __ _ ' ? ' N '> C`1 ? ?t. . ..is-r. f v[ll 1 ??- W J(Il 0 9 2004 WILLIAM MANLEY, IN THE COURT OF COMMON PLEAS PETITIONER, OF CUMBERLAND COUNTY, VS. PENNSYLVANIA COMMONWEALTH OF CIVII. ACTION - LAW PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DOCKET NO. 04-2993 RESPONDENT. AND NOW, this J60- day of C/ 2004, upon consideration of the Amended Petition for Review of the Determination of the Pennsylvania Department of Transportation to Indefinitely Suspend the Driver's License of Petitioner, William Manley, and response thereto, IT IS HEREBY ORDERED AND DECREED that a hearing on the said Petition is scheduled for the y "' day of (_ L/C , 2004, at a.m./D=A,, in courtroom number, of the Cumberland County Court of Common Pleas before the undersigned. The purpose of the hearing will be for the Petitioner to appear, pursuant to 75 Pa.C.S.A. §1550(b), and request that the Court issue a supersedeas with regard to the suspepgiono C _ 0 of his driver's license. BY THE COURT: ; Hess, judge G` O :!v, 4t q I : I':d h 1 -I flip hOoz Ai i1G\G ?i0'Lid ?Hi :10 ,?I ) (? H WILLIAM MANLEY, Petitioner vs. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-2993 CIVIL ORDER AND NOW, this 10' day of August, 2004, upon consideration of the amended petition for review of the determination of the Pennsylvania Department of Transportation to indefinitely suspend the driver's license of petitioner, William Manley, and the hearing held thereon, it is hereby ordered and decreed that Mr. Manley's request for supersedeas is granted. As a result, the court directs that PennDOT immediately reinstate Mr. Manley's noncommercial driving privileges, pursuant to Pa.C.S.A. § 1550(b). In addition, Mr. Manley is hereby granted ninety (90) days from the date of this order to present PennDOT with medical evidence of his competency to drive. Hearing on the underlying appeal is set for Monday, November 22, 2004, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /Shaun J. Mumford, Esquire For the Petitioner Xeorge Kabusk, Esquire For PennDOT Am O$-/0 -0 V4?_: a b ,.y Y tr% _ J u-I C;- ?.? CJ WILLIAM MANLEY, Petitioner VS. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-2993 CIVIL ORDER AND NOW, this 2 Z "r day of November, 2004, hearing in the above captioned matter set for November 22, 2004, is continued to Thursday, January 31, 2005, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. Shaun J. Mumford, Esquire For the Petitioner George Kabusk, Esquire For PennDOT --cal rlm VMil'W, N4 - , -0. 13 80 :C d ZZ AO U01 ?HVWINIG -! odd 31HI jO 1: 1 '?- ? TlJ WILLIAM MANLEY, Petitioner vs. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-2993 CIVIL ORDER AND NOW, this 7y day of February, 2005, hearing in the above captioned matter set for February 4, 2005, is continued to Thursday, February 10, 2005, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, vShaun J. Mumford, Esquire For the Petitioner V orge Kabusk, Esquire For PennDOT Am COAAA) l 'v oz-os-as WILLIAM MANLEY, Petitioner V COMMONWEALTH OF PA. DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2993 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of February, 2005, this matter having been called for hearing, it is ordered and directed that the petitioner pass the requested driver's test no later than April 15, 2005. In default thereof, his driver's license to be suspended. The court notes that the petitioner is allowed three opportunities to take the driver's test. By the Court, George H. Kabusk, Esquire Office of Chief Counsel For the Commonwealth Michael M. Sadowski, Esquire For the Petitioner :bg 1 i Yir? of Z Y Y Y Y ,.e. e k C.Y fn T"12'51* qo! arid 06 ow Y 4 1J4 i,.ss,. ni.. t hF?____ y+ ;X, Pa. ? t C ? .rr r .n:: + , c U? ? _ ;. SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Attorney for Petitioner: Fax: [717] 975-8124 WILLIAM MANLEY E-Mail: smumford@margolisedelstein.com WILLIAM MANLEY, IN THE COURT OF COMMON PLEAS PETITIONER, OF CUMBERLAND COUNTY, VS. PENNSYLVANIA COMMONWEALTH OF CIVIL ACTION - LAW PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DOCKET NO. 04-2993 RESPONDENT. AND NOW, comes Petitioner, William Manley (hereinafter referred to as "Mr. Manley"), by and through his counsel, Margolis Edelstein, who moves for an enlargement of time to take and pass a driver's examination, and avers the following in support thereof: 1. By letter dated May 27, 2004, Mr. Manley received notification from Respondent, Commonwealth of Pennsylvania Department of Transportation ("PennDot"), of the suspension of his driver's license, effective July 1, 2004, pursuant to Section 1519(c) of the Vehicle Code, unless he provided completed medical forms establishing his physical and mental competence to drive. 2. After providing the completed medical forms to PennDot, PennDot requested that Mr. Manley take and pass a driver's examination in order to determine whether he met PermDot's medical standards for driving. A copy of the letter requesting the driver's examination, dated November 29, 2004, is attached hereto as Exhibit A. 3. At a hearing held on February 10, 2005, before the Honorable Kevin A. Hess, an Order was issued directing that Mr. Manley pass the required driver's test no later than April 15, 2005. It was noted that Mr. Manely was allowed three opportunities to take and pass the driver's test. In default thereof, Mr. Manley's driver's license was to be suspended. A copy of judge Hess' Order of February 10, 2005, is attached hereto as Exhibit B. 4. When Mr. Manley attempted to contact the driver's license center to schedule a driver's test, he was informed that no information had been entered into PennDot's computers indicating that he was to take a driver's test. Further, Mr. Manley was informed that absent this entry into the computer system, no testing could be scheduled for him. 5. After the learning of this information from Mr. Manley, the undersigned contacted counsel for PennDot regarding the same. Counsel for PennDot confirmed that information did, in fact, need to be entered into PennDot's computer system in order to allow Mr. Manley to schedule the examination. It is believed that this information has now been entered into PennDot's computer system. - 2 - 6. However, due, in part, to PermDot's failure to timely enter this information its their computer system to allow Mr. Manley to schedule his driver's examination, there has been a delay in scheduling the same. 7. As a result, Mr. Manley seeks an enlargement of time to take and pass his driver's examination. Mr. Manley seeks an additional 30 days, or until May 15, 2005, in order to take and pass his driver's examination. 8. Counsel for PennDot, George Kabusk, Esquire, was contacted with regard to this motion and has taken no position with regard to the same. WHEREFORE, Petitioner, William Manley, respectfully requests that this Honorable Court grant an enlargement of time of 30 days, or until May 15, 2005, in order to take and pass his driver's examination. Respectfully submitted, MARGOLIS Dated: By: SHAUN J`MUMF, ESQUIRE Attorneys for Petit' er, WILLIAM MANL 3- 1ONWE TH OF ?RTME OF TRH Bureau f Driver Mail Da Noveml WILLIAM MANLEY 44 ARQALI LANE MECHANICSBURG P 17055 Dear Mr. WILLIAM MOLEY: Information submitted to he Department ' dicates that Impairment, Mental Defi 'ency, Mental Iii order, and ability to drive. In order determine if yo meet the E driving, it is necessary du t you take a drivi g examinat by a Driver License Exarr er at any Drive License. Cc Pennsylvania Driver's M ual at any Drive License Cc 1. When you are ready to take the driving st, you can PowerPort at PA Keywo d: "Driver I Internet, you can schedul your driver's t by calling l 2. When you take the test, please bring 1 card for the car you will b using for the 3. Your exam will include a vision ecru on-road driving. 4. This letter will allow you three of will not be retested on the same day. 5. If your driving privileg?is suspended, r only during the course of a test. When n licensed driver. : VANIA ATION 2004 may have Loss of Limb or tance A that could affect/lin tmenfa medical standards fi This examination must be c You may obtain a copy of Please be aware of the fol] mml6a t your ule your driver's test via th? PA If you do not have access to the notice and 4 valid insurance card and a test to take Oro for tl knowledge of rules of the road, and test. If you take the test and fail, you Aired, this letter authorizes you t drive e exam, you must be accomp by a i If you have any questio , please contact the Medical Friday between the ho of 8:00 am. an 4:15 p.m. Sincerely, VS% Drives License #: Rebecca L icklep, r Bureau of ver Licens g 1 25090 at (717) 787-9664 WILLIAM MANLEY, Petitioner V COMMONWEALTH OF PA. DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUt?=, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2993 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of February, 2005, this matter having been called for hearing, it is ordered and directed that the petitioner pass the requested driver's test no later than April 15, 2005. In default thereof, his driver's license to be suspended. The court notes that the petitioner is allowed three opportunities to take the driver's test. By the Court, George H. Kabusk, Esquire Office of Chief Counsel For the Commonwealth Michael M. Sadowski, Esquire For the Petitioner bg miulfr: in iostn*nY W-Wii ? 1, E +.?c? =,n;? s Y hind ?? s+?al of _:=? ?:?? ai CarttsS?a G?. Eko?tso n@sIV I .. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class Certified Mail - Return Receipt Requested postage prepaid, on the ' `IT' day ofd ?L 2005, and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (Respondent) MARGOLIS EDELScTEIN By: Secretary ,I RECEIVED APR 182005'"'] WILLIAM MANLEY, IN THE COURT OF COMMON PLEAS PETITIONER, OF CUMBERLAND COUNTY, VS. PENNSYLVANIA COMMONWEALTH OF CIVIL ACTION - LAW PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DOCKET NO. 04-2993 RESPONDENT. ORDER AND NOW, this t o' day of 2005, upon consideration of the Motion for Enlargement of Time of Petitioner, William Manley, and any response thereto, it is hereby ORDERED and DECREED that said motion is GRANTED. As a result, Mr. Manley is given and additional 30 days, or until May 15, 2005, to take and pass his driver's examination. In default thereof, Mr. Manley's driver's license is to be suspended. BY THE COURT: Io? e Kevin A. Hess, ?a C?v L. ? ?:? ?ff.j S?;a i?.e?1 4;t:? ? ??i WILLIAM MANLEY, : IN THE COURT OF COMMON PLEAS PETITIONER : OF CUMBERLAND COUNTY, : PENNSYLVANIA, V. : No. 04-2993, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE RECALL APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER The appeal of the notice of suspension dated May 27, 2004, is remanded to correct the record to indicate that the petitioner has submitted documentation in response to the notice of suspension dated May 27, 2004, and that the Department represents that the documents were acceptable and indicate that the petitioner is competent to operate a motor vehicle. The Department further represents that because of the nature of the petitioner's medical condition, the Department had a further concern regarding the petitioner's competency to operate a motor vehicle and requested that the petitioner to take and pass a driving examination. The Department represents that it has issued a letter to the petitioner dated November 29, 2004, in which the Department requested the petitioner to take and pass a driving examination. The petitioner on May 10, 2005, successfully took and passed the requested driving examination. The matter is remanded to the Department to update and correct the record in accordance with the 2005 JUL 25 AN, 11', 02 CU .: d ! o aforementioned. BY THE COURT Sh„y z r zoo?? tel. ?- /%? J. DISTRIBUTION: George Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Shaun J. Mumford, Esquire, Margolis Edelstein, P.O. Box 932, Harrisburg, PA 17108-0932 7 a b ?' Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberland Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 1041 •2 Q93 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-657'